frank ...were you in philly? if so... i was from miami, coaching a moot court team of women?

[mairi morrison]

i wrote an article about it?

On Apr 23, 2009, at 12:29 PM, Frank Cross wrote:

>
> The statement is glib and sounds clever but utterly wrong.  We  
> compare incommensurables all the time.  We have to.
> The concept of such incommensurability is most associated with a far  
> left approach that was very anticapitalist.  But the Justice can't  
> let that get in the way of a good line.
>
>
> At 11:20 AM 4/23/2009, Rick Duncan wrote:
>> Thanks to all who responded. The precise quotation is:
>> This process is ordinarily called “balancing,” but the scale  
>> analogy is not really appropriate, since the interests on both  
>> sides are incommensurate. It is more like judging whether a  
>> particular line is longer than a particular rock is heavy.
>>
>> Bendix Autolite Corp. v Midwesco Enterprises, 486 U.S. 888, 897  
>> (1988)
>>
>> I have to admit I like the way I misremembered it better: "whether  
>> a rock is heavier than a string is long." But it is what it is.
>>
>> Cheers, Rick
>>
>>
>>
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> Frank B. Cross
> Herbert D. Kelleher Centennial Professor of Business Law
> McCombs School of Business
> University of Texas
> CBA 5.202 (B6500)
> Austin, TX 78712-0212
> 512.471.5250
>
> _______________________________________________
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> To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof
>
> Please note that messages sent to this large list cannot be viewed  
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> are posted; people can read the Web archives; and list members can  
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